임료 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion: around 2005, the Plaintiff leased the pertinent shopping mall D from C (hereinafter “instant shopping mall”).
(1) Around 2012, the Plaintiff entered into a sub-lease contract with the Defendant on the instant commercial building with a monthly rent of KRW 2 million.
The Defendant did not pay the Plaintiff the monthly rent of KRW 16 million in total, plus KRW 16 million from February 2, 2014 to September 2014, and KRW 14 million from October 2014 to September 2015 (the amount calculated by subtracting KRW 10 million paid directly by the Defendant to C on behalf of the Plaintiff, out of the total rent of KRW 24 million).
The premium for the floor of the commercial building of this case increased, and the defendant uses the facilities installed by the plaintiff.
The defendant is obligated to pay the plaintiff a sum of KRW 3 million in arrears, KRW 10 million in premium, KRW 40 million in total.
On January 25, 2012, the Defendant entered into a sublease contract between the Plaintiff’s former wife E with respect to the instant commercial buildings with the monthly rent of KRW 2.3 million (the monthly rent of KRW 2 million has been reduced from August 2012 to KRW 2 million), and paid the said rent to E.
The Defendant was engaged in financial transactions with E from the early May 201 to June 2014, 201. The Defendant was aware that E had been under suspicion of fraud, and the recovery of the said claim is difficult and the termination date of the lease contract ( September 25, 2014) has different from E, and only remitted rent to C after concluding the lease contract with C. Thus, the Plaintiff cannot comply with the Plaintiff’s request.
2. However, as alleged by the Plaintiff, whether the premium paid by the former lessee, including the number of premiums, between the Plaintiff and the Defendant, to the sub-lessees has the character of using tangible and intangible properties, such as business facilities and expenses, etc. of the sub-leases, as well as intangible property values.
Although the rent under the lease contract with the lessor is not more than KRW 10 million per year, if the rent under the sub-lease is up to KRW 24 million per year, the said rent is also money of the nature of the premium.